Only thing is Petraeus is retired. He left the Army when appointed to be D/CIA.

UCMJ doesn't apply to him anymore

Quote:

Originally Posted by Raymond42262

Under extreme circumstances someone can be court martialed for adultery.

Article 133:

Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense subject to court martial defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice (UCMJ), enacted at 10 U.S.C. § 933.

The elements are:

That the accused did or omitted to do certain acts; and
That, in the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman.[1]
Here "officer" is understood to include commissioned officers, cadets, and midshipmen of both sexes, hence the more common term conduct unbecoming. A gentleman is understood to have a duty to avoid dishonest acts, displays of indecency, lawlessness, dealing unfairly, indecorum, injustice, or acts of cruelty.[2]

Article 134:

The General Article (Article 134)

The general article (Article 134) authorizes the prosecution of offenses not specifically detailed by any other article: all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty. Clause 1 of the article involves disorders and neglect "to the prejudice of good order and discipline in the armed forces." Clause 2 involves "conduct of a nature to bring discredit upon the armed forces." Clause 3 deals with non-capital offenses violating other federal law; under this clause, any such offense created by federal statute may be prosecuted under Article 134. United States v. Perkins, 47 C.M.R. 259 (Air Force Ct. of Military Review 1973).[5]